Moved by
Lord Gardiner of Kimble
68: After Clause 22, insert the following new Clause—
“Accredited civilian officers: powers of entry
(1) An accredited civilian officer may on giving reasonable notice—
(a) enter premises that the accredited civilian officer reasonably thinks may be used in connection with dealing in ivory (including any item that is made of ivory or has ivory in it) for the purpose of assessing compliance with the provisions of this Act, or
(b) enter premises on which the officer has reasonable grounds to suspect that there is relevant evidence.
(2) In this Act “accredited civilian officer” means an officer of the Secretary of State who is authorised by the Secretary of State for the purposes of this Act.
(3) A notice under this section must—
(a) be in writing,
(b) be given to the occupier of the premises,
(c) set out the purpose of the proposed entry, and
(d) explain the effect of section 27 (offences of obstruction).
(4) The requirement in subsection (3)(b) may be complied with by delivering or leaving the notice at the premises or sending it there by post.
(5) This section—
(a) does not authorise the entry into premises used wholly or mainly as a dwelling;
(b) authorises entry only at a reasonable time.”
Member’s explanatory statement
The new clause inserted by this amendment confers powers of entry on accredited civilian officers. These powers are more limited than those currently given to accredited civilian officers under clause 17, as the new clause does not confer a power of entry for the purpose of promoting awareness and understanding of the provisions of the Bill once enacted.
69: After Clause 22, insert the following new Clause—
“Other powers of accredited civilian officers
(1) This section applies where—
(a) an accredited civilian officer enters premises under section (Accredited civilian officers: powers of entry), or
(b) an accredited civilian officer who is lawfully on premises has reasonable grounds to suspect that there is relevant evidence on those premises.
(2) The officer may carry out any examination or measurement of anything on the premises that the officer thinks is or may be relevant evidence.
(3) The officer may require any person on the premises to produce any document or record in the person’s possession or control that the officer thinks is or is likely to be relevant to—
(a) the question whether a relevant offence has been committed, or
(b) the investigation of a relevant offence.
(4) The officer may—
(a) seize and detain or remove any item found on the premises;
(b) take copies of or extracts from any document or record found on the premises.
(5) An officer to whom a document or record has been produced in response to a requirement under subsection (3) may—
(a) seize and detain or remove the document or record;
(b) take copies of or extracts from the document or record.
(6) The powers under subsections (4) and (5) may be exercised only—
(a) for the purposes of determining whether a relevant offence has been committed, or
(b) in relation to an item that the officer concerned reasonably believes to be relevant evidence.
(7) The officer may require any person on the premises to provide any help or facilities, with respect to matters under the persons’s control, that the officer considers would facilitate the exercise of a power conferred on the officer by this section.
(8) This section—
(a) does not confer power to search a person;
(b) does not confer power to seize an item that is an excluded item (see section 23).
(9) Subsections (3) and (4) of section 21 apply for the purposes of this section as they apply for the purposes of that one.”
Member’s explanatory statement
The new clause inserted by this amendment contains most of the powers of accredited civilian officers that are currently contained in clauses 20, 21 and 22, but not the power to break open containers.